Based on an analysis of judicial practice related to the right of ownership to real estate, this article examines the characteristics, cases and conditions of application of such a method of protecting civil rights as recognition of the right as absent, and concludes on the need for its legislative consolidation. Various positions of the courts regarding the qualification of this method of protection are presented and analyzed, and ultimately the lack of uniformity in judicial practice is noted. Individual categories of cases are considered and their specific features related to the application of a claim for recognition of the right of ownership to real estate as absent are noted. It is concluded that while there is a positive trend towards developing uniform approaches to the application of this method of protection in relation to individuals, this issue has not yet been resolved in relation to legal entities.